The Portland daily press., 1887-10-22
PROHIBITION IN COURT.
Seven Cases Pending Before the
United States Supreme Bench.
temperance Laws and Property
Rights Under the Constitution.
Questions Which Rival In Interest
the bred Scott Decision.

NEW YORK, Oct 21.-The Sun this morn
ing printed the following special despatch
from Washington:
There is great deal OF excitement among
temperance people throughout the country
owing to an apprehension that the Supreme
Court of the United States will declare the
prohibitory liquor laws unconstitutional
Seven cases are pending before the court
Two Of them come from Kansas. four from
Iowa, and one from Atlanta, Ga. The Kan
sas cases have already been argued in behalf
Of the brewers by Senator Vest OF Missouri,
and Joseph II. Choate Of New York. To
the astonishment and indignation Of the
Prohibitionists no one appeared on their
side of the question, and they are now in
great state Of excitement for fear the court
will decide, as it naturally will do, upon the
case as presented ex parte. The blame rests
with Attorney General Bradford of Kansas,
who had charge of the cases and failed for
some reason to put in an appearance.
1.-THE first case tried before the State Su-
preme Court Of Kansas was decided against
the saloon keepers, although Judge Brewers
then member of the court, gave a dissent
ing opinion, in which he held that under the
FOuTCttutU AInbHuuleIJ LDt property OF DuS-
mess OF citizen could not be destroyed
without compensation, and he was of the
opinion that the State would have to pay
damages for all saloons closed. Soon after
rendering this decision, Judge Brewer was
elvated to the Unitee States Circuit bench,
and the case being appealed to him, was de-
cided in favor of the liquor interest on the
same grounds that he held while a member
OF the lower court.
This was known as the Mengler case. The
brewers then made up another test case,
even stronger than the original one, to which
a Leayenworth brewer named Ziebold was
made party, and that being carried up to
Judge Brewer was decided in the same way.
Both the Mengler and Ziebold cases were APP
pealed to the United States Supreme Court
and the saloon interest was represented at
the hearing few days ago by Senator Vest
and Joseph III. Ch0ate, the Attorney General
of Kansas failing, as has been said, to ap-
pear.
"Being stirred up by the Prohibitionists.
Judge Bradford telegraphed to Britain and
Gray, attorneys of this city, who appeared in
court today and asked for a rehearing of the
Kansas eases in order that Bradford might
put in an argument. Commenting upon the
motion, the Court said that Bradford would
be permitted to file affidavits showing why
he had not appeared when the case was
called, and IL the affidavits showed that he
had not been guilty OF negligence the Court
would consider the matter. The Court inti-
4
tionists showed some reason why the laws
should not be declared unconstitutional, it
would be compelled to decide in favor of the
points presented by Vest and ChOate. Brad
ford his telegraphed that he is ON his way
from ansas and will be in court Monday
next.
The Prohibitionists have sent Samuel w.
Packard, a prominent member Of the Chi
cago bar, here TO represent their interests.
Packard arrived today, and in looking over
the docket finds five cases pending similar in
all respects to those which have already
been heard. He has telegraphed to Iowa,
from which four of the cases come and to
Atlanta, from which the fifth comes, and
has obtained authority to appear in behalf Of
both States. He will appear in court toDor-
row and ask that these five cases be ad-
vanced on the docket and heard before the
two cases from Kansas already submitted
gre decided. Whether his request will be
aranted, is a question, and upon it hangs
the hopes Of the Prohibtionists, whose
cause has been neglected while the brewers
and saloOn keepers have been very active.
1t Is aderstood that the Supreme Court at
pre- It is disposed to sustain Judge Brewer
in his decision that State authority may not
close up a saloon or brewery or distillery
without paying damages or compensation in
some form to those whose property has been
rendered worthless. As is well known, hun
dreds Of millions of dollars are invested IN
the manufacture and sale of LIQUOR in States
where prohibitory laws have been enacted,
and enforced, and IL such a decision as Is
expected is given, the States will be COM
PEELED to pay immense sums in the shape of
damages to those whose investments have
been idle. The cases are regarded as of as
great national Importance as the famous
Dred Scott case, and the entire temperance
movement will be paralyzed unless the court
decides in its favor"